2009 Wisconsin Act 28

(b) Withhold payments to be made to the child care provider.

(c) Impose a forfeiture on the child care provider.

28,1216 Section 1216. 49.159 (4) of the statutes is amended to read:

49.159 (4) Pregnant women. A pregnant woman whose pregnancy is medically verified, who would be eligible under s. 49.145 except that she is not a custodial parent of a dependent child, and who does not satisfy the requirements under s. 49.148 (1m) (a) 2. is eligible for employment training and job search assistance services provided by the Wisconsin works Works agency.

28,1216k Section 1216k. 49.162 of the statutes is created to read:

49.162 Transitional jobs demonstration project. (1) In this section, "Wisconsin Works" has the meaning given in s. 49.141 (1) (p).

(2) Subject to sub. (3) (b), the department shall conduct a demonstration project, beginning on January 1, 2010, that offers transitional jobs to low-income adults. To be eligible to participate in the demonstration project, an individual must satisfy all of the following criteria:

(a) Be at least 21 but not more than 64 years of age.

(b) Be ineligible for Wisconsin Works.

(c) Have an annual household income that is below 150 percent of the poverty line.

(d) Be unemployed for at least 4 weeks.

(e) Be ineligible to receive unemployment insurance benefits.

(3) (a) The department shall provide up to 2,500 transitional jobs under the demonstration project. The jobs shall be allocated among Milwaukee County, Dane County, Racine County, Kenosha County, Rock County, Brown County, and other regions of the state, as determined by the department, in the same proportion as the total number of Wisconsin Works participants are allocated among those counties and other regions as of June 30, 2009.

(b) The department shall seek federal funds to pay for the cost of operating the demonstration project, and may conduct the project only to the extent that the department obtains federal funds.

(c) The department shall promulgate rules for the operation of the demonstration project under this section.

28,1217 Section 1217. 49.17 of the statutes is renumbered 253.06, and 253.06 (2) and (5) (e), as renumbered, are amended to read:

253.06 (2) Use of funds. From the appropriation under s. 20.437 (2) 20.435 (1) (em), the department shall supplement the provision of supplemental foods, nutrition education, and other services, including nutritional counseling, to low-income women, infants, and children who meet the eligibility criteria under the federal special supplemental food program for women, infants, and children authorized under 42 USC 1786. To the extent that funds are available under this section and to the extent that funds are available under 42 USC 1786, the department shall provide the supplemental food, nutrition education, and other services authorized under this section and shall administer that provision in every county. The department may enter into contracts for this purpose.

(5) (e) The suspension or termination of authorization of a vendor or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination. All forfeitures, recoupments, and enforcement assessments shall be paid to the department within 15 days after receipt of notice of assessment or, if the forfeiture, recoupment, or enforcement assessment is contested under sub. (6), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is adverse to the department or unless the final decision is appealed and the decision is stayed by court order under sub. (7). The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s. 20.437 (2) 20.435 (1) (gr).

28,1218 Section 1218. 49.171 of the statutes is renumbered 46.75, and 46.75 (2) (a), as renumbered, is amended to read:

46.75 (2) (a) From the appropriation under s. 20.437 (2) 20.435 (1) (dn), the department shall award grants to agencies to operate food distribution programs that qualify for participation in the emergency food assistance program under P.L. 98-8, as amended 7 USC ch. 102.

28,1219 Section 1219. 49.1715 of the statutes is renumbered 46.77 and amended to read:

46.77 Food distribution administration. From the appropriation under s. 20.437 (2) 20.435 (1) (dn), the department shall allocate funds to eligible recipient agencies, as defined in the emergency food assistance act, P.L. 98-8, section 201A, as amended 7 USC 7501 (3), for the storage, transportation, and distribution of commodities provided under the hunger prevention act of 1988, P.L. 100-435, as amended 7 USC ch. 102.

28,1220 Section 1220. 49.172 of the statutes is renumbered 49.76.

28,1226 Section 1226. 49.175 (1) (intro.) of the statutes is amended to read:

49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (cr), (dz), (k), (kx), (L), (mc), (md), (me), (mf), and (s), the department shall allocate the following amounts for the following purposes:

28,1227 Section 1227 . 49.175 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (cr), (dz), (k), (kx), (L), (mc), (md), (me), (mf), and (s), the department shall allocate the following amounts for the following purposes:

28,1228 Section 1228. 49.175 (1) (a) of the statutes is amended to read:

49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $44,068,500 $49,139,400 in fiscal year 2007-08 2009-10 and $43,392,200 $51,229,600 in fiscal year 2008-09 2010-11.

28,1228g Section 1228g. 49.175 (1) (b) of the statutes is amended to read:

49.175 (1) (b) Wisconsin Works administration. For administration of Wisconsin Works performed under contracts under s. 49.143, $10,701,100 $8,247,000 in fiscal year 2007-08 2009-10 and $10,701,100 $8,247,000 in fiscal year 2008-09 2010-11.

28,1228i Section 1228i. 49.175 (1) (f) of the statutes is amended to read:

49.175 (1) (f) Wisconsin Works ancillary services. For program services under Wisconsin Works provided under contracts under s. 49.143, $38,471,500 $38,471,500 in fiscal year 2007-08 2009-10 and $38,471,500 $35,471,500 in fiscal year 2008-09 2010-11.

28,1229 Section 1229. 49.175 (1) (g) of the statutes is amended to read:

49.175 (1) (g) State administration of public assistance programs and costs of overpayment collections. For state administration of public assistance programs, $16,670,100 and costs associated with the collection of public assistance overpayments, $16,985,900 in fiscal year 2007-08 2009-10 and $16,868,500 $17,091,700 in fiscal year 2008-09 2010-11.

28,1230 Section 1230. 49.175 (1) (h) of the statutes is created to read:

49.175 (1) (h) Public assistance program fraud and error reduction. For activities to reduce fraud under s. 49.197 (1m) and activities to reduce payment errors under s. 49.197 (3), $605,500 in each fiscal year.

28,1232 Section 1232. 49.175 (1) (i) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $6,000,000 $6,500,000 in fiscal year 2007-08 2009-10 and $7,000,000 $6,000,000 in fiscal year 2008-09 2010-11.

28,1233 Section 1233. 49.175 (1) (j) of the statutes is created to read:

49.175 (1) (j) Aid to families with dependent children overpayments liability. For payment of liability to the federal government related to overpayments made under the program under s. 49.19, $2,500,500 in fiscal year 2008-09.

28,1234 Section 1234. 49.175 (1) (j) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.

28,1235 Section 1235. 49.175 (1) (k) of the statutes is created to read:

49.175 (1) (k) Aid to Families with Dependent Children overpayments liability. For payment of liability to the federal government related to overpayments made under the program under s. 49.19, $13,183,900 in fiscal year 2009-10 and $0 in fiscal year 2010-11.

28,1236 Section 1236. 49.175 (1) (k) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.

28,1238 Section 1238. 49.175 (1) (p) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $359,201,800 $384,987,600 in fiscal year 2007-08 2009-10 and $375,736,400 $402,496,800 in fiscal year 2008-09 2010-11.

28,1239 Section 1239. 49.175 (1) (q) of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

49.175 (1) (q) Child care state administration and child care licensing activities. For administration of child care services under s. 49.155 (1g) (b), $1,765,600 in fiscal year 2007-08 and $2,437,800 in programs under s. 49.155 and the allocation under s. 49.155 (1g) (c) for child care licensing activities, $8,534,700 in fiscal year 2009-10 and $8,889,700 in fiscal year 2008-09 2010-11.

28,1240 Section 1240. 49.175 (1) (qm) of the statutes is amended to read:

49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. 49.155 (1g) (a), $5,311,000 in each fiscal year, $5,384,600 in fiscal year 2009-10 and $5,384,600 in fiscal year 2010-11.

28,1241 Section 1241. 49.175 (1) (qs) of the statutes is repealed.

28,1242b Section 1242b. 49.175 (1) (s) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

49.175 (1) (s) Kinship care and, long-term kinship care, and foster care assistance. For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p) and for foster care for relatives under s. 48.62, $24,435,000 in fiscal year 2009-10 and $24,435,000 in fiscal year 2010-11.

28,1243 Section 1243. 49.175 (1) (ze) (title) of the statutes is repealed.

28,1244 Section 1244. 49.175 (1) (ze) 1. of the statutes is amended to read:

49.175 (1) (ze) 1. `Kinship care and long-term kinship care assistance.' For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p), $23,579,800 in each fiscal year 2007-08 and $23,885,800 in fiscal year 2008-09.

28,1245 Section 1245. 49.175 (1) (ze) 1. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 49.175 (1) (s) and amended to read:

49.175 (1) (s) Kinship care and long-term kinship care assistance. For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p), $23,579,800 $24,435,000 in fiscal year 2007-08 2009-10 and $23,885,800 $24,435,000 in fiscal year 2008-09 2010-11.

28,1246 Section 1246. 49.175 (1) (ze) 2. of the statutes is renumbered 49.175 (1) (r) and amended to read:

49.175 (1) (r) Children of recipients of supplemental security income. For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $30,094,700 in fiscal year 2007-08 and $30,094,700 $29,899,800 in fiscal year 2008-09 2009-10 and $29,933,200 in each fiscal year thereafter.

28,1247 Section 1247. 49.175 (1) (ze) 10m. of the statutes is renumbered 49.175 (1) (t) and amended to read:

49.175 (1) (t) Safety and out-of-home placement services. For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department determines may remain at home if appropriate services are provided, and for ongoing services provided in those counties to families with children placed in out-of-home care, $5,631,300 $6,350,300 in each fiscal year.

28,1248 Section 1248. 49.175 (1) (ze) 11. of the statutes is renumbered 49.175 (1) (u).

28,1249 Section 1249. 49.175 (1) (ze) 12. of the statutes is repealed.

28,1250 Section 1250. 49.175 (1) (zh) of the statutes is amended to read:

49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $21,125,400 $6,664,200 in fiscal year 2007-08 2009-10 and $6,664,200 in fiscal year 2008-09 2010-2011.

28,1251 Section 1251. 49.19 (1) (a) 2. b. of the statutes is amended to read:

49.19 (1) (a) 2. b. Is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, or in a residential care center for children and youth licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home, or center by a county department under s. 46.215, 46.22, or 46.23, by the department, by the department of corrections, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.

28,1252 Section 1252. 49.19 (4e) (a) of the statutes is amended to read:

49.19 (4e) (a) If a person applying for aid is under 18 years of age, has never married, and is pregnant or has a dependent child in his or her care, the person is not eligible for aid unless he or she lives in a place maintained by his or her parent, legal guardian, or other adult relative as the parent's, guardian's or other adult relative's own home or lives in a foster home, treatment foster home, maternity home, or other supportive living arrangement supervised by an adult.

28,1253 Section 1253. 49.19 (10) (a) of the statutes is amended to read:

49.19 (10) (a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, or in a group home licensed under s. 48.625, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 48.569 (2) and the percentage rate of participation set forth in s. 48.569 (1) (d) for aid granted under this subsection except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

28,1254 Section 1254. 49.19 (10) (c) of the statutes is amended to read:

49.19 (10) (c) Reimbursement under par. (a) may also be paid to the county when the child is placed in a licensed foster home, treatment foster home, group home, or residential care center for children and youth by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or if the child was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to under an agreement with the county department.

28,1255 Section 1255. 49.19 (10) (d) of the statutes is amended to read:

49.19 (10) (d) Aid may also be paid under this section to a licensed foster home, treatment foster home, group home, or residential care center for children and youth by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body, or when the child was part of the state's direct service case load and was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department or the department of corrections.

28,1256 Section 1256. 49.19 (10) (e) of the statutes is amended to read:

49.19 (10) (e) Notwithstanding pars. (a), (c), and (d), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body, for placement of a child in a foster home, treatment foster home, or residential care center for children and youth by a tribal governing body or its designee, for the placement of a child who is a ward of a tribal court if the tribal governing body is receiving or is eligible to receive funds from the federal government for that type of placement, or for placement of a child in a group home licensed under s. 48.625.

28,1256g Section 1256g. 49.195 (3r) of the statutes is amended to read:

49.195 (3r) From the appropriation under s. 20.437 (2) (L) the The department may contract with or employ a collection agency or other person to enforce a repayment obligation of a person who is found liable under sub. (3) who is delinquent in making repayments.

28,1256m Section 1256m. 49.195 (4) of the statutes is renumbered 49.195 (4) (a) and amended to read:

49.195 (4) (a) Any Except as provided in par. (b), any county or governing body of a federally recognized American Indian tribe may retain 15% of benefits distributed under s. 49.19 that are recovered due to the efforts of an employee or officer of the county or tribe.

(b) This subsection does not apply to recovery any of the following:

1. The recovery of benefits that were provided as a result of state, county, or tribal governing body error.

28,1256p Section 1256p. 49.195 (4) (b) 2. of the statutes is created to read:

49.195 (4) (b) 2. The recovery of benefits due to the efforts of an employee or officer of a county having a population of 500,000 or more under the supervision of the department.

28,1257 Section 1257. 49.197 (1m) of the statutes is amended to read:

49.197 (1m) Fraud investigation. From the appropriations under s. 20.437 (2) (dz), (kx), (L), (mc), (md), (n) (me), and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, on the part of participants in the Wisconsin Works program under ss. 49.141 to 49.161, and, if the department of health services contracts with the department under sub. (5), on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to Wisconsin Works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.